Dear Allendale Borough,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Tax Assessor: Property Record Cards old and new including archived
From Building, Fire, Health, Planning and Zoning records of tanks, spills, wells, asbestos, and date of construction.
Dear Ms. Kamm,
The Borough of Allendale received your Open Public Records Act (OPRA) request on March 1, 2020 for, " Tax Assessor: Property Record Cards old and new including archived From Building, Fire, Health, Planning and Zoning records of tanks, spills, wells, asbestos, and date of construction." As such, the seventh (7th) business day deadline to respond to your request is March 10, 2021. This response to your request is being provided to you on the 3rd business day after said request was received.
In regards to your first request, "Tax Assessor: Property Record Cards old and new including archived", your request fails to identify a timeframe for the records being requested. We request clarification of your OPRA request as currently it fails to identify a timeframe for the records being requested. Please respond in writing so that we may process your request. Failure to provide written clarification of your request will result in closure of this OPRA request.
In regards to the second part of your request, "From Building, Fire, Health, Planning and Zoning records of tanks, spills, wells, asbestos, and date of construction" your request is vague and fails to identify with reasonable clarity the specific government records sought, as is required by Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App Div 2005). When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency`s documents. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are not required to conduct research or create new records in response to an OPRA request. As such, we request clarification of your OPRA request to identify the specific government records that you are seeking as well as a timeframe for said records.
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of Allendale to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.
Thank you for your attention.
Deputy Municipal Clerk
Borough of Allendale
500 West Crescent Avenue
Allendale, NJ 07401
Telephone: (201) 818-4400 ext 218
Fax: (201) 825-1913
Email: [email address]